Evidence from an accused's lawyers about their difficulties in obtaining instructions is direct evidence relevant to the specific statutory criterion of fitness to plead under s 311(1)(f) of the Crimes Act 1900 (ACT), and should not be dismissed as mere 'personal opinions of laypersons'. Such evidence goes to a specific criterion of fitness — the ability to give instructions — not merely to general questions about the accused's mental state. The question of whether the Evidence Act 2011 (ACT) applies to fitness inquiries under s 315A of the Crimes Act 1900 (ACT) was left open.
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